Terms & Conditions

1. Introduction

Pirates Kwap is a music production agency providing various services to artists, bands, songwriters, and other clients in the music industry. These Terms apply to all users of our website and clients who engage our services.

2. Definitions

In these Terms, the following definitions apply:

• "Agreement" means the entire agreement between you and the Company, including these Terms, any Service Agreement, and other documents referenced herein.
• "Client" means any individual or entity that engages our services.
• "Content" means any text, graphics, images, music, software, audio, video, information, or other materials appearing on or through the Services.
• "Intellectual Property" means all patents, copyrights, trademarks, trade secrets, and other intellectual property rights.
• "Master Recording" means the final audio recording produced through our services.
• "Project" means the scope of work agreed upon between the Client and the Company.
• "Services" means any services provided by the Company, including but not limited to music production, mixing, mastering, songwriting assistance, artist development, and studio rental.
• "User" means any individual who accesses or uses the website.
• "Website" means the Company's website located at pirateskwap.com and all related subdomains.

3. Website Usage

3.1 Account Creation

To access certain features of our Website or engage our Services, you may need to create an account. When you register, you agree to provide accurate, current, and complete information and to update this information to maintain its accuracy. You are responsible for safeguarding your password and for all activities that occur under your account. You agree to notify us immediately if you suspect any unauthorized use of your account.

3.2 Age Requirement

You must be at least 18 years old to create an account and use our Services. By creating an account, you represent and warrant that you are at least 18 years old.

3.3 Prohibited Activities

When using our Website or Services, you agree not to:

• Violate any applicable laws or regulations
• Infringe the intellectual property rights of others
• Transmit viruses, malware, or other harmful code
• Interfere with the operation of the Website
• Engage in unauthorized scraping, data mining, or harvesting
• Impersonate another person or entity
• Use the Services for any illegal or unauthorized purpose
• Harass, abuse, or harm another person

3.4 Account Termination

We reserve the right to suspend or terminate your account at any time for any reason, including but not limited to violation of these Terms. You may also terminate your account at any time by contacting our customer service.

4. Services

4.1 Service Engagement

Our Services are available for engagement through our Website, email, phone, or in-person meetings. For each Project, we will provide a detailed proposal outlining the scope of work, deliverables, timeline, and fees. Upon your acceptance of the proposal, we will begin the Project according to the agreed terms.

4.2 Service Agreement

For certain Projects, particularly those involving significant production or artist development work, we may require the execution of a separate Service Agreement that includes additional terms specific to that Project. In case of any conflict between these Terms and a Service Agreement, the Service Agreement shall prevail.

4.3 Changes to Services

We reserve the right to modify, suspend, or discontinue any part of our Services at any time. For ongoing Projects, we will provide reasonable notice of any substantial changes that may affect the delivery of your Project.

4.4 Third-Party Services

We may recommend or integrate third-party services as part of our Services. We are not responsible for the content, policies, or practices of any third-party services. Your use of such services is subject to their respective terms and conditions.

5. Fees and Payment

5.1 Pricing

Our fees for Services are as stated on our Website or in the proposal provided to you. All prices are in British Pounds (GBP) unless otherwise specified.

5.2 Payment Terms

For most Projects, we require:

• A non-refundable deposit (typically 50% of the total fee) upon Project commencement
• The remaining balance upon Project completion, before the delivery of final deliverables

For larger Projects, we may establish a milestone payment schedule in the Service Agreement.

5.3 Payment Methods

We accept payment by credit/debit card, bank transfer, and other methods as specified on our Website or in our communications. By providing payment information, you represent and warrant that you are authorized to use the payment method and agree to pay all fees.

5.4 Late Payments

Payments not received by the due date may result in:

• A late payment fee (1.5% per month or the maximum allowed by law)
• Suspension of ongoing work until payment is received
• Retention of all work product until full payment is made

6. Intellectual Property

6.1 Company Intellectual Property

All content on our Website, including text, graphics, logos, icons, images, audio clips, and software, is the property of the Company or its content suppliers and is protected by international copyright laws. The compilation of all content on the Website is the exclusive property of the Company and is protected by international copyright laws.

6.2 Client Materials

You retain ownership of any materials (such as song compositions, lyrics, or recordings) that you provide to us for the Project. By providing such materials, you grant us a non-exclusive, royalty-free license to use, reproduce, and modify these materials solely for the purpose of providing the Services.

6.3 Project Deliverables

Unless otherwise specified in a Service Agreement:

• You will own the Master Recording delivered as the final product of our Services, subject to full payment of all fees
• We retain ownership of all session files, multi-tracks, and other production materials
• We retain the right to use excerpts (up to 60 seconds) of the completed work for promotional purposes
• Songwriting and composition rights are allocated according to contribution and must be specified in writing

6.4 Credit and Attribution

Unless otherwise agreed in writing, you agree to provide appropriate credit to Pirates Kwap in all materials where credits are listed, in a form such as "Produced by Pirates Kwap" or "Mixed by Pirates Kwap" as appropriate to the Services provided.

7. Confidentiality

During the course of our relationship, each party may disclose confidential information to the other. Both parties agree to:

• Maintain the confidentiality of such information
• Use the information only for purposes related to the Services
• Take reasonable measures to protect the information from unauthorized disclosure

This obligation does not apply to information that is publicly available, independently developed, or received from a third party without restriction.

8. Project Management

8.1 Project Timeline

We will make reasonable efforts to complete the Project within the agreed timeline. However, delays may occur due to:

• Changes requested by the Client
• Delays in Client feedback or approval
• Technical issues beyond our control
• Resource constraints due to unforeseen circumstances

We will communicate any substantial delays and work with you to adjust the timeline as needed.

8.2 Revisions

Each Service includes a specified number of revision rounds as detailed in the proposal or Service Agreement. Additional revisions may be provided at our discretion and may incur additional charges.

8.3 Client Responsibilities

To ensure timely completion of the Project, you agree to:

• Provide all necessary materials in the required formats
• Respond to requests for feedback or approval within agreed timeframes
• Make yourself available for scheduled recording sessions or meetings
• Provide clear direction and communication throughout the Project

8.4 Project Cancellation

If you need to cancel a Project:

• The deposit is non-refundable
• If work has begun, you will be responsible for paying for all work completed up to the cancellation date
• Cancellation must be communicated in writing

We reserve the right to cancel a Project if:

• You breach these Terms or the Service Agreement
• There are extended periods of non-communication
• Professional differences arise that cannot be resolved

9. Warranties and Representations

9.1 Company Warranties

We warrant that:

• We will provide the Services with reasonable skill and care
• We will comply with all applicable laws and regulations
• We have the right to enter into this Agreement and provide the Services

9.2 Client Warranties

You warrant that:

• You have the legal right to provide any materials used in the Project
• Your materials do not infringe the intellectual property rights of any third party
• You have obtained all necessary permissions and licenses for any third-party content
• You have the authority to enter into this Agreement

9.3 Disclaimer of Warranties

EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

WE DO NOT WARRANT THAT THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES;
• ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES;
• ANY CONTENT OBTAINED FROM THE SERVICES; AND
• UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT

IN ANY CASE, OUR TOTAL LIABILITY UNDER THIS AGREEMENT SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE SERVICES GIVING RISE TO THE LIABILITY.

11. Indemnification

You agree to indemnify, defend, and hold harmless the Company, its directors, officers, employees, agents, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from:

• Your violation of these Terms or any applicable laws or regulations
• Your violation of any third-party right, including without limitation any intellectual property right or privacy right
• Any claim that materials you provided caused damage to a third party

12. Dispute Resolution

12.1 Informal Resolution

Before initiating any formal dispute resolution process, both parties agree to attempt in good faith to resolve any dispute informally through consultation and communication.

12.2 Mediation

If informal resolution is unsuccessful, the parties agree to submit the dispute to mediation in accordance with the rules of a mutually agreed mediation service.

12.3 Arbitration

If mediation is unsuccessful, any dispute arising out of or relating to this Agreement shall be resolved by binding arbitration in accordance with the rules of the London Court of International Arbitration. The arbitration shall take place in London, United Kingdom.

12.4 Exceptions

Nothing in this section shall prevent either party from seeking injunctive or other equitable relief from the courts for matters related to intellectual property, confidentiality, or unauthorized use of the Services.

13. General Provisions

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions.

13.2 Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced.

13.3 Entire Agreement

These Terms, together with any applicable Service Agreement, constitute the entire agreement between you and the Company regarding your use of the Services and supersede all prior and contemporaneous agreements, representations, and understandings.

13.4 No Waiver

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. The waiver of any such right or provision will be effective only if in writing and signed by an authorized representative of the Company.

13.5 Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without the Company's prior written consent. The Company may freely assign or transfer these Terms without restriction.

13.6 Notices

Any notices or other communications provided by the Company under these Terms will be given by posting to the Website or by email to the address you provide.

14. Contact Information

If you have any questions about these Terms, please contact us at: